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HomeMy Public PortalAboutORD11419 J., r �,,;, E 5"�` , �� ��,�� ';r+�Ya n y;.,.3=;.,'?rienr;�n, r 1.'^�r'rn�.aw�4 � �#+� r..�fia r y;•,<., > . �n�rk ett�7+>� F . BILL NO. 90-24 SPONSORED BY COUNCILMAN HALSEY sr ORDINANCE NO. 1 ^.LS 3' AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH RUSSELL & AXON, INC. , FOR INSPECTION SERVICES IN CONJUNCTION WITH THE ELSTON-ST. MARTINS INTERCEPTOR PROJECT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section I. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with Russell & Axon, Inc. , for inspection services in conjunction with the Elston-St. Martins Interceptor Project. The amount of the contract shall not exceed i $112,930. 00. Section 2 . The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved Flo residi Officer yor ATTEST: w eft City, Clerk s rt � t q t f ' k, A.4`. `t ' '• / ^ .i�t �' }'.I.. , +ih° t�S ;,` N `l�.,w��i.+'y""t h'r't +ix i . � �F,I,,.13,{".'. °�.r �r�rT—r--�};;t'°—��i7,�7 i t �lih�,y.e�>�t ,��3 t o n"1 �': r r r n�,4>�„ ` r{''• " �rr if,tt a;,S '.g,9'. l ei.�n�d � i�r, .rT.. t. AGREEMENT 1790 :r THIS IS AN AGREEMENT made as of /� 19 between a CITY OF JEFFERSON, MISSOURI (OWN R) and RUSSELL 8 AXON, INC. . . (ENGINEER). i OWNER Intends to Bid and Construct Contracts III and VI of the Gray's Creek Area Wastewater Collection Facilities (hereinafter called the Project). OWNER and ENGINEER in consideration of their mutual covenants herein agree In respect of the performance of professional engineering services by ENGINEER and the payment for those services by OWNER as set forth below. SECTION 1 - BASIC SERVICES OF ENGINEER ,t 1 .1 . General. 1 .1 .1 . ENGINEER shall provide for OWNER professional engineering services in all phases' of the Project to which this Agreement applies as hereinafter provided. These services will include serving as OWNER's ! t, professional engineering representative for the Project, providing . professional engineering consultation and advice and furnishing custom- ary civil, structural, mechanical and electrical engineering services and customary architectural services incidental thereto. 1 .2. DELETED .Y 1 .3. DELETED 1 .4. DELETED 1 .5. Bidding Phase. After written authorization to proceed with the , Bidding Phase-, ENGINEER shall: 1 .5.1 . Assist OWNER in advertising for and obtaining bids for each separate prime contract for construction, materials, equipment and t services; and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences and receive and process deposits for Bidding Documents. 1 .5.2. Issue addenda as appropriate to interpret, clarify or expand �. the Bidding Documents. > »,��n`�'+r+' ;�.`!'• �r�F> a x .� � �.E , ;ter:'� b'RA�{A��� h�l+{ a�•� Er ,� . •, �` d r`s, �x 1� F �x.ray �y Q�i a"Y t =i 7ldy��Jii���,rTh i���z���3 7��(�St `� �ii� � • K�YS � �wS c 'z'tY; f� �i,.ti,t,4:K 1 .,k}`1s�,�L.it' '4 7.��r k'r�,a"�',. r'ati} Fr 1�b! 3' �r � _,q "`C`�},qW ail. i��"s � t +y"¢ ti .�.�t 1 h. F i. A• `S, ti 7 L.t. ''t Yn '.f ,�/,y ,Y •.t I' t r' k �rtvAr.}:+FRr�F � ��A��. "`,�'� �r.-'15'.% ,� '�!��5�" e '� `,rGr� .' }rE ��'1� E s l. ✓ n s s.3 h r 1..: } A- .:Si. fr � k +., �r 'i +,�.��>c`'{ �. ! 3't Y T;t � L� 1& 9C€�±',� s w1'¢w tl1 p ri1 k7 fCf#t '!-!$, c S i?4 t:.t1 t3 '{ c•r�' t ' x �:��wa .,Sr '�` s3?nh+!'�l' fl nyl -� � 7'r•uy �Y!' �> ��-{lei{ C ..5., Y9 U rTt nR•:tt'v? 1• 4 i 7 ,�1.`•�. .l.AR'; L +YF t�. u ..,, , u ' at � „ s 1 .g,3, Consult with and advise OWNER as to the acceptability of proposed subcontractors, suppliers and other persons and organizations Lc by the prime contractor(s) herein called is required rbyhthe portions of the work as to which acceptability Documents. Consult with OWNER concerning and determine the acceptabil- 1 ity of substitute materials and equipment proposed by Contractor(s) t f{ when substitution prior to the award of contracts is allowed by the T� Bidding Documents. Attend the bid opening, prepare bid tabulation sheets and r; assist OWNER in evaluating bids or proposals and in assembling and ) awarding contracts for construction, materials, equipment and services. .`! TV 1 .6. Construction Phase. During the Construction Phase: n 1 .6.1 . General Administration of Construction Contract. ENGINEER , shall consult with and advise OWNER and act as OWNER's representative as provided in Articles 1 through 17, inclusive, of the Standard Gener- al Conditions of the Construction Contract No. 1910-8 (1983 edition) of ;. the Engineers Joint Contract Documents Committee. The extent and ti limitations of the duties, responsibilities and authority of ENGINEER as assigned in said Standard General Conditions shall not be modified, '. except as ENGINEER may otherwise agree in writing.. All of OWNER's 'l instructions to Contractor(s) will be issued through ENGINEER who will '3 d ?' fi, have authority to act on behalf of OWNER to the extent provided in ViZ 4 said Standard General Conditions except as otherwise provided in writing. 1 .6.2. Visits to Site and Observation of Construction. In connection f with observations of the work of Contractor(s) while it is In progress: 1 ,6,2,1 , ENGINEER shall make visits to the site at intervals b �F+ appropriate to the various stages of construction as ENGINEER rl: deems necessary in order to observe as an experienced and qual- t •rlK~ Ified design professional the progress and quality of the various aspects of Contractor(s)' work. In addition, ENGINEER shall .:r:. provide the services of a Resident Project Representative and assistants as agreed) at the site to assist ' ENGINEER and to pro- ,. , Based on infor- �w� vide more continuous observation of such work. ' a mation obtained during such visits and on such observations, ENGINEER shall endeavor to determine in general if such work is t> proceeding in accordance with the Contract Documents and ENGI- ;L NEER shall keep OWNER informed of the progress of the work. ;r. 1 .6.2.2. The Resident Project Representative (and any xfn assistants) will be ENGINEER's agent or employee and under ENGINEER's supervision. The duties and responsibilities of the Resident Project Representative (and assistants)' are set forth in Exhibit B "Duties, Responsibilities and Limitation of Authority of Resident Project Representative". ^� / ><° u�'�'.ev;!s:t'Il� lw .yrSS� J:� ! C r L 6 5 „r!. F t.�f}7�.rr� `r f f 7�i�k}•!!f y ,t,:Y:t ^` �1� 7 . t, �, r vv '�� G s r .1'+ � rr� .1�< ' � t. t ,� 1 5 E 2 :r f ]55,�s x xs�;kx+7w '•# '..4 ' {N it r tr f s� klt tEtif� k,q�y` .) ,�v, ';'[(; £ti s" �i i�a!p�F,YI •tat °'s' r c 7s�I 7 �JS�� 4"b?q' (�:a�f r"vt.� .<} Y.},. °4R��, fA' }�• 71: �.� } `'Z ry, �� ,r✓ i �. �{' ;'!+'fit �ti�j t r� §� u . �ff. �' ��t �""Y' �,�.�'�-r•tl7t"'�„��.�.�''� ��.. t r� {{`RS+ : '�^�, ,t�'.;��+fl+ t 3 fc. r�0V+`thnt�r!ir,.�� tit?f,li'$r lT�1 s.t: 3 o.',! £/<i{�• i yd ie�4j}lr., :3.�` 6n fit! �li .7�'?, 4 C"�y}3r P)},1 > i zf�l 1 t 1 { h tp �; �1 rr�z•SFc:,L 4tirti^, a �. ", >:.>_E.�e' �`}YS, tsgtl�'}Fk� ti,`2st.iS'.-!!st417 st :�.E" ;n�. a`:.ki tia� :3,.tq�lx .•_I i- tr{:' f:.,� �t N.Y'yd�.¢���A #�:1 r�.r�++�'Lr...e -I !'` y '* d �', �3 � S iFn7'3•`� a°`(ifii�� ^`Yri� l L+GA�t. .,.i �.�. r':j.� `4' 41,., 'fly .J.j.�ti.r. 1 ::'� f i .tl`7f'3 i�l',t Tf'�'t ({jf.lb`7'�, btf .L;';'�G+i��JK ^4`+j�{� ' r { I ill .r fir? rt�)a�,�va, 'r"'R�+' A 1f .. ':yw.,.......,_....-.-,—r�---r-'w••- . . �t t .. f^��Tj.�.. , T-pr tft�ff��a��JS��F'4.'tM r i# 1.�y.. ' ,5 a��D,�"}��;+�'R ,�t?� .eX f,':�lt+� 'rtr•r{ t t y { i b �� ,S`y�`I¢ $+yrX14�{.' t� 4i� „{✓I',I� �7;G� i5.r.,,,{}..�,,�"s',v�r�D d�'t'rd.� d�2Z�� ''iC.�+..3. �`1�,f. i � 1 i{f,�'. f z .'c .h� :.�.; .x; �Sa�-� t�r4�•' . m ] t s � � r.. ,tprt,�+rr• F i.d =N F,l;d 9 ( !• �, t+ 1 a� rt i+rr � t '" r.'<,�u`✓ ,f� ,,. •.n'k;',+k ��'�$. ...,.r„�..�t...r Nvn.:'F `t. , .r'j r>b, .. xr 1 .6.2.3. The purpose of ENGINEER's visits to and representation by the Resident Project Representative (and assistants, if any) at the site will be to enable ENGINEER to x better carry out the duties and responsibilities assigned to and undertaken by ENGINEER during the Construction Phase, and, in s addition, by exercise of ENGINEER's efforts as an experienced and ' qualified design professional, to provide for OWNER's greater degree of confidence that the completed work of Contractor(s) will r conform generally to the Contract Documents and that the integrity '. of the design concept as reflected in the Contract Documents has been implemented and preserved by Contractor(s). On the other ' hand, ENGINEER shall not, during such visits or as a result of :Y such observations of Contractor(s)' work in progress, supervise, ,, f a �., direct or have control over Contractor(s)' work nor shall ' ENGINEER have authority over- or responsibility for the means, methods, techniques, sequences or procedures of construction F t selected by Contractor(s), for safety precautions and programs incident to the work of Contractor(s) or for any failure of � , Contractor(s) to comply with laws, rules, regulations, ordinances, codes or orders applicable tc Contractor(s) furnishing and kr performing their work. Accordingly, ENGINEER can neither guarantee the performance of the construction contracts by Contractor(s) nor assume responsibility fog- Contractors(s)' failure x' ''. W" to furnish and perform their work in accordance with the Contract Documents. ,. a 1 .6.3. Defective Work. During such visits and on the basis of such #% tb:.. E, observations, ENGINEER may disapprove of or reject Contractor(s)' 34 work while it is in progress if ENGINEER believes that such work will not produce a completed Project that conforms generally to the Contract +: Documents or that it will prejudice the integrity of the design concept k.; of the Project as reflected in the Contract Documents. , t 1 .6.4. Interpretations and Clarifications. ENGINEER shall issuer necessary interpretations and clarifications of the Contract Documents and in connection therewith prepare work directive changes and change ` . orders as required. 1 .6.5. Shop Drawings. ENGINEER shall review and approve (or take other appropriate action in respect of) Shop Drawings (as that term is Asa defined in the aforesaid Standard General Conditions) , samples and other data which Contractor(s) are required to submit, but only for ; s? conformance with the design concept of the Project and compliance with the information given in the Contract Documents. Such reviews and r< approvals or other action shall not. extend to means, methods, tech- niques, sequences or procedures of construction or to safety pre- '' cautions and programs incident thereto. 1 .6.6. Substitutes. ENGINEER shall evaluate ' and 'determine the acceptability of substitute materials and equipment proposed by Con- `r tractor(s) , but subject to the provision of Paragraph 2.2.2. 1 .6.7. Inspections and Tests. ENGINEER shall have authority, as OWNER's representative, to require special inspection or testing of the work, and shall receive and review all certificates of Inspections, x, - 3 - R.� "°w'r.'..---t '} .i r t r �., r ��x tf}.1, t. :r. s , {. �+ �+Y'�.Z�i�?�.':%;��ts,rF{4, i��Y•� � 1 's,t+•.� t4. ,g: , 1�� t .y q.. ... .. f r�,�r F '. .r � F }} rl.rr f t S a4f' �.}) �.r�T�.�: V' r 1 M � ,t�f } r it. 'G N {.r'3".w 7T i`Ct t n.4J t ilk 4r1 h' ..T.=•tth 6 x c':` } � Y4 17. "` h ^t�?�'ts`•r,�:"fi,��{{�" { r?y rt%�i11, ril4 .,S.�t E�.ref' ..�ri;.,,i7,�i:t,Fj,'S,�{><t �S,���t}1��.?A:,S?z,�,�'?�;[,'N.;�� �n C� }�t ...5, •rT',��t�F'w��r+fin E �t. •�7 �y�i �#p�t��[ �'�ar �t u'4� ✓k�-+t � .,� t .ir ,i �t ra��n� 7 t �S+t3 r�3 f rli� 1 iro5ti'li�t�7!}tr r+td�� Syr "T�iw,s���y � t .'Ri'✓' TJ"'' Y' ',A, tfk ,�t hr .1 Y�r .a' ...1 iJ ,j f.f 5+ .l ,l 4t k �l,,l 5. .t ft�.J4 4r -�Y d P.la ,+� C, �'. i �tA; Rr'1. �. t <�a Si r ti 7r.yt � !f Na ia�., � ,. :�: .. ... t ..r: .{ . .ri ps .sip ��.,i « �+xr9:�:� .,�F ft�5 p.�7 r.t y +}} {.W�.�7• p. �f� "?"h {3 dt� lit e} ��a,e• �sJ,' t1 `53"i,GS F "�.. it4, ' : testings and approvals required by laws, rules, regulations, ordi- ;..;, nances, codes, orders or the Contract Documents (but only to deter- ";;: mine generally that their content complies with the requirements of, and the results certified Indicate compliance with, the Contract Documents). 1 .6.8. Disputes Between OWNER and Contractor. ENGINEER shall act as initial interpreter of the requirements of the Contract Documents wt' and judge of the acceptability of the work thereunder and make de- ia; cisions on all claims of OWNER and Contractor(s) relating to the ac- ceptability of the work or the interpretation of the requirements of the Contract Documents pertaining to the execution and progress of the work. ENGINEER shall not be liable for the results of any such inter- ' pretations or decisions rendered in good faith. 1 .6.9. Applications for Payment. Based on ENGINEER's on-site observations as an experienced and qualified design professional, on ` information provided by the Resident Project Representative and on Vf` review of applications for payment and the accompanying data and r schedules: 1 .6.9.1 . ENGINEER shall determine the amounts owing to Contractor(s) and recommend In writing payments to Contractor(s) In such amounts. Such recommendations of payment will constitute ' { a representation to OWNER based on such observations and r review, that the work has progressed to the point indicated, and ? that, to the best of ENGINEER's knowledge, information and belief, the quality of such work is generally in accordance with the Contract Documents (subject to an evaluation of such work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract 4 Documents and . to any other qualifications stated . in the recommendation) . In the case of unit price work, ENGINEER's ' recommendations of payment will include .final determinations of quantities and classifications of such work (subject to any subsequent adjustments allowed by the Contract Documents) . r� 1 .6.9.2. By recommending any payment ENGINEER will not thereby be deemed to have represented that exhaustive, ✓:� continuous . or detailed reviews or examinations have been made by ' ENGINEER to check the quality or quantity of-Contractor(s) work rr� as it is furnished and performed beyond • the responsibilities specifically assigned to ENGINEER In this Agreement and the x Contract Documents. ENGINEER's review of Contractor(s)' work ` for the purposes of recommending payments will not impose on ENGINEER responsibility to supervise, direct or control such work or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs Incident thereto or Contractor(s) compliance with laws, rules, regulations, ordinances, codes or orders applicable to their furnishing and F performing the work. It will also not impose responsibility on . ENGINEER to make any examination to ascertain how or for what purposes any Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any of the work, materials or equipment has passed to OWNER free and clear of any lien, claims, security interests or encumbrances, or that there may �r 4 4 5.c: ;ij. ..x ,��`.�.1•{"�'7,�`.°..,+uf�ra•'n'y�<ijlii�'�t j'X�.;;sa:Y,�Tfi�,.�..:.�'n'"<'^_',i•�. t,d:rr., r�i °"t'Z 4. '- � ..r° xS.tt'"L`,i pf'�1 j�r �td �ti �F jri f .M r��t t",�•.r I `'� .. t� .'t,i .� f � 7 =5�`��n�t��"'"'{°°°���y,"�4c 1 ,�.r�Y t�..^� .,r at��,�i 4,F•�(��',4$yi t�> 7. �3' �" ;�}�p� af4 u��%��� E'yh •,�_.�, Y� �St �,'t F tea*%' 1,� t-,i X".�r"x�:':�t. 4 a``t 't fit. v a.'• v i"'- t x } e fy� a .�r8r a;:tier f '✓'Y•ft.'�7',,?'."°�'r1:�r. ��1.;" t.. � � �i � �;,.���?:t 4f_?•e�•4ht rti�'k�;,tf�,tMn�,(/,..�,.,j''����,'}. i tv� }��r.�r�}t tli u E'"5tr ,{piS tiitb•`t'�}4 �je,} t rti`r`,+ �Jl :1 t 7j; t'}.K"t'�'j�,r 5�p :t 5 $'9. u ) x •s `r 1 i {f { +4 �. y}u,tn'`t' :t ^:ir-�1: ��. 'R 7.��w tt St�,,�. i��sr ,ai�aE i�?(t t } }rt.r + �a.)Y � t"f3�^,�'�} t i •F! 1Y. $ I ..r��,{. .'4��,, .r�t �.{,c�.�ljj%��,f if tt if �'{as ''�tf+1 _t # Y tl a, t 1}:�r )t r.: s + 4�'.k. r•Sr +C,tX�y��d 1 :"^,.fj t r C�-} � '�5r 1t�•{ i��1#,tryiu �� r�, v,r z. .. as.. .s u. . `�r t. c m it not be other matters at issue between OWNER and CONTRACTOR r that might affect the amount that should be paid. 1 .6.10. Contractor(s)l Completion Documents. ENGINEER shall re- ceive and review maintenance and operating instructions, schedules, �. r, guarantees, bonds and certificates of inspection, tests and approvals ,. which are to be assembled by Contractor(s) in accordance with the Contract Documents (but such review will only be to determine that their content complies with the requirements of, and in the case of certificates of inspection, tests and approvals the results certified ` indicate compliance with, the Contract Documents) ; and shall transmit 'rtt, them to OWNER with written comments. Inspections. ENGINEER shall conduct an inspection to deter- €r mine if the work is substantially complete and a final inspection to '•' determine if the completed work is acceptable so that ENGINEER mayf' recommend, in writing, final payment to Contractor(s) and may give ; .: written notice to OWNER and the Contractor(s) that the word: is accept- able (subject to any conditions therein expressed) , but any such rec- , ommendation and notice will be subject to the limitations expressed in ,± paragraph 1 .6.9.2. ' � 1v 1 .6.12. Limitation of Responsibilities. ENGINEER shall not be respon- sible for the acts or omissions of any Contractor, or of any subcontrac- tor or supplier, or any of the Contractor(s)' or subcontractor's or supplier's agents or employees or any other persons (except ENGI- �r r: NEER's own employees and agents) at the site or otherwise furnishing or performing an of the Contractor(s)' work; however, nothing con- I;.. P 9 Y r., tained in paragraph 1 .6.1 thru 1 .6.11 inclusive, shall be construed to release ENGINEER from liability for failure to properly perform duties ' and responsibilities assumed by ENGINEER in the Contract Documents. 1 .6.13. ENGINEER shall re-establish sufficient horizontal and vertical controls to enable Contractor to proceed with the layout of the work. 1 .7. Operational Phase. }` During the Operational Phase, ENGINEER shall: 1 .7.1 . DELETED 1 .7.2. DELETED Fh 1 .7.3. DELETED 1 .7.4. DELETED y ..,g 1 .7.5. Prepare a set of reproducible record prints o raw ngs >} showing those changes made during the construction process, based on r the marked-up prints, drawings and' other data furnished by Contrac- ' ,` tor(s) to ENGINEER and which ENGINEER considers significant. 1 .7.6. In company with OWNER, visit the Project to observe any f6.S apparent defects in the completed construction, assist OWNER in consul- . ay - 5 - _ {;; �i r•2 n.m rr t "�.. t .+� ;`.! �+5.:tt } .�. jr! .� f t art..t.�-f�.t,�{t rt,t�`C�{;�1}dlti{.N•��,}3# 'R`` i r,{f..v5 ar.\?�:,t�'..»+�,�.n i +,y t r t r!o. .�!. 1 i 7'. r S`A7 1 k 1 '#-�iS"+, •f' i� h t et ttt �fi'at� ••L.`.^+•y � .>{ S .y cs[ 1r r.� r t 1#+ i Yf�!� 5 y� )k+�(t,�♦,�. 31. ♦t k I•� ) '!i J f 4 IY 1 1111 1�T M1R ' r•l.•{+. } Ali r�"iL. t s 9� q •��•lylt^ r +.r<y t�1f :<,,M.;',r,'1..`T y"a'gtit ll,.kk i a t �' ,S ai ra':g;{w'V3�; s'•i4%a>;. }-��, t �°� ,i I ry�l.f s: •7vdy+N' ;4SSY�kt,'j+�';t �',�"#y'rN {} ¢ } + I. T t'Y 'Cpt ? v.it tN gg ;t Yt sN' A- 1'Ira; f} r �17�#: r;SS.L,t I!=,i; +".+i.i,eY ; t' y t;j'a•1 f �i� M �L r.,tT 3 yr + t f lc V } itt Cllr ((r .i r rr2 � vt r �t 1. - ,o- r [:�•'S�'`r '� .s 1 x,47: -t b t. .: + � h ,�,�{ •t '7X F.xsfj G.r f �.f' t4�11s, + r:•Sr t5 ry# .=Yx., t} Y'�I�r `u^s,r.. 'R t ,�� �`+: rlf c4' .�! is{1t f; st�trl ri;t, i, t,+V;��f 1�(t' tF1 .f E�� �. ;dr, ' �t+'' � �z, t•�y�'!tt �;.r �r� � � ik• `yS 7". 7 pov"'A tations and discussions with Contractor(s) concerning correction of such deficiencies, and make recommendations as to replacement or correction nr of defective work. Four (4) Project visits will be made during the Contractor's one year correction period. SECTION 2 ADDITIONAL SERVICES OF ENGINEER 2.1 . Services Requiring Authorization In Advance. If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed In paragraphs 2.1 .1 through 2.1 .14, Inclusive. These services are not Included as part of Basic Services and will be paid for by OWNER as indicated In Section 5. 2.1 .1 . Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or gov- ernmental grants, loans or advances In connection with the Project; preparation or review of environmental assessments and Impact state- s mets; review and evaluation of the effect on the design requirements of the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2.1 .2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by OWNER. 2.1 .3. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to; changes in size, complexity. OWNER's schedule, charac- ter of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regu- lations, ordinances, codes or orders enacted subsequent to the prepara- tion of such studies, reports or documents, or are due to any other causes beyond ENGINEER's control. 2.1 .4. Providing renderings or models for OWNER's use. N4111 2.1 .5. Preparing documents for alternate bids requested by OWNER for Contractor(s)' work which is not executed or documents for out-of-sequence work. 2.1 .6. Investigations and studies Involving, but. not limited to detailed consideration of operations, maintenance . and overhead ex= penses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations• , rate schedules and appraisals; assistance In obtaining financing for. the Project; evaluating processes available for licensing and assisting OWN- ER In obtaining process licensing; detailed quantity surveys of mate- rials, equipment and labor; and audits or inventories required In con- nection with construction performed by OWNER. 6 I.11V V IM Z I i.61e11 .tTb J _yt?.56E t ^w'.S i� ;t;xr'S .d: ,i .,.�tS YSd>'tf t2ti:.Mf Ar a'4 td y'4,M+S,G IM M1t ,i ' 2.1 .7. Furnishing services of independent professional associates and consultants for other than Basic Services (which include, but are not limited to, customary civil, structural, mechanical and electrical engi- veering and customary architectural design incidental thereto) ; and providing data or services of the types described in paragraph 3.4 when OWNER employs ENGINEER to provide such data or services in lieu of furnishing the same in accordance with paragraph 3.4. r 2.1 .8. DELETED r+ 2.1 .9. Services during out-of-town travel required of ENGINEER }# other than visits to the site or OWNER's office as required by Section 1 . 2.1 .10. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or ser- ' vices. " 2.1 .11 . Providing any type of property surveys or related engineer- ing services needed for the transfer of interests in real property and field surveys for design purposes. 2.1 .12. Preparation of operating, maintenance and staffing manuals to supplement Basic Services. 2.1 .13. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the Project, 2.1 .14. Additional services in connection with the Project, including services which are to -be furnished by OWNER in accordance with Arti- cle 3, and services not otherwise provided for in this Agreement. . 1 2.2. Required Additional Services. When required by the Contract Documents in circumstances beyond ENGINEER's control, . ENGINEER shall furnish or obtain from others, as circumstances require during construction and without waiting for x specific authorization from OWNER, Additional Services of the types listed in paragraphs 2.2.1 through 2.2.6, inclusive. These services are not included as part of Basic Services. ENGINEER shall advise OWNER promptly after starting any such Additional Services which will be paid for by OWNER as indicated in Section 5. 2.2.1 . Services in connection with work directive changes and change orders to reflect changes requested by OWNER if the resulting r change in compensation for Basic Services is not commensurate with the additional services rendered. 2.2.2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitutions proposed by Contrac- tor(s) ; and services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by Contractor. - 7 - Y +t 1 .4• .> ~ ` �> yy 1 cv, ``1..�`.i•r�arFSy:t�,,,d ` i �}. 7 h� �d 1'.+ � W;J�•xi aj {fit r,�J '�Y�� �� ,t" �. :t � L r=.lY r � # � P' '� •�` V�,'c'n + / r�`�`� tii4 t; t.�s.4 s f + ylgxal 1. a`�.,i�7 .,�. ,rsA. S jsr 'wt f .. f,tl + x J, •7; Y,w ,°�� �' ��i.\s 1€y,}�Htt��q,{,.:;,� 1, � r r r n r t -Bft! •• } .y T4 ,� '�. r I .y �.• An. $e '+'•�Sf''�' r{� t rttg}. � rfSiyat } t' ti 2.2.3. Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. R. 2.2.4. Additional or extended services during construction made Y necessary by (1 ) work damaged by fire or other cause during con- ¢'F`'`' struction, (2) a significant amount of defective or neglected work of ti any Contractor, (3) acceleration of the progress schedule Involving services beyond normal working hours, and (4) default by any Contrac- tor. 2.2.5. Services) (other than Basic Services during the Operational . , Phase) in connection with any partial utilization of any part of the ` " Project by OWNER prior to Substantial Completion. � p;r }; 2.2.6. Evaluatir•g an unreasonable or extensive number of claims submitted by Contractor(s) or others in connection with the work. r�r SECTION 3 - OWNER's RESPONSIBILITIES OWNER shall do the following in a timely manner so as not to delay the ' Nxr services of ENGINEER: 3.1 . Designate in writing a person to act as OWNER's representative ' with respect to the services to be rendered under this Agreement. ' ;• Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions a` with respect to ENGI NEER's services for the Project. k �k 3.2. Provide all criteria and full information as to OWNER's require- merits for the Project, including design objectives and constraints, „r t� ' - space, capacity and performance requirements, flexibility and ex- pandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the Drawings and Specifications. 'j 3.3. Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any . other data relative to design or construction of the Project. i- 3.4. DELETED t F' 3.5. DELETED 3.6. Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement. �Y3.7. Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the su services of ENGINEER. 8 - T&yOlt t s<, 'Z°.�oL�{.� p`.•r E '� ���n.� .y'!�' Cs r ; �tr L tt x S'lfr� i °u`�K ,� 'j,a r y "y 'r ��' t�"';i'S �r� ;(„4,'��� t`x�1+.c'� `�fi•��`y'��}��fGY�� ; �+ �y. ?v» t it. , .l i2 kfa �, ��{�cins z � fls,�t4 � {� > �ib�ryµ�,�rf�v, '4"�+��Y{S� •���{ ;:lry:. {; .�'i� r .y.1q�;k ',°.•:'a�,% �, A .) i {1,t;i 'fi'� a.. �y;.,{'Gi r. ,S.p'•1,'.rt,77 rat t�:}+Yt�+�r..�',j.�+S�.yty n ..'cj,�'��; :ttiCn $ lei {!"t .�`�ff`7,.'z 1'.r '�9��, AMA I dE Y Y �#��r."!"iz=?,.�.t ��,S,.".',ys`i}tax}�rF iy �='4.'^'y1;'—,"}.•t'rt+,.t .:C y af'!.�`Y�. j �.f�' ;.vary ., �` ." / r�3� :vrr:... xa ';�� ,y'1 n`"fl_'� .�',"F' 'w r.s"�.t, � �i+• ,�, �+'` r ri<Y �s at. a���t1..:}�, z "?,: rS:f f.+..":y y fy le; ,�< t�N�.�3t��tri �}� �.`vt,7,"t��°�e 4 �xc •�i°��, ��'<S'E� e,�,�;.,n�° ,2a`Z�iw*,d. .,: ,;Y:�.- �'t; i�p s�<`j;t, pj,.tip T r ay•i' 3.8. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents r from others as may be necessary for completion of the Project. -� Y Y P j q' 3.9. Provide such accounting, independent cost estimating and insur- ;' ante counseling services as may be required for the Project, such legal services as OWNER may require or ENGINEER may reasonable request Y. with regard to legal Issues pertaining to the Project Including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order } applicable to their furnishing and performing the work. 3.10. 1f OWNER designates a person to represent OWNER at the site #; who is not ENGINEER or ENGINEER's agent or employee, the duties, responsibilities and limitations of authority of such other person and the affect thereof on the duties and responsibilities of ENGINEER and the Resident Project Representative (and any assistants) will be set forth in an exhibit that is to be identified, attached to and made a part of this :i' Agreement before such services begin. 4' F 3.11 . DELETED #t ij' 3.12. DELETED 3.13. Attend the pre-bid conference, bid opening, pre-construction q conferences, construction progress, and other job related meetings and substantial completion inspections and final payment inspections. Y ` 3.14. Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, or any defect or non-conformance in the work of any Contractor. 3.15. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in paragraph 2.1 of this Agreement or other services as required. 3.16. Bear all costs Incident to compliance with the requirements of t this Section 3. SECTION 4 -PERIODS OF SERVICE 4.1 . The provisions of this Section 4 and the various rates of compen- sation for ENGINEER's services provided for elsewhere in this Agree- ment have been agreed to in anticipation of the orderly and continuous progress of the Project through completion of the Construction Phase. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the award of contracts, construction and initial operation of the Project including extra work and required extensions thereto. 9 - •t, i-'}•i'V FY f(•. �`ar'?:.'•, i;!!:'"t "1„a `"G. '!'-: .• `� t'?.( �:v�.4 i� }.y n�"t.a)"� "1 s� '1 #,+�. ��1.it t�� e 1 y+ai•�,r� 5 f �t rte,..�' �`�"d y•,t,�t 'ra"'� � i�,-�f` 't`�;' �i•��,'�:�R'>f.' ' ,s§�'}�a�k,.. H<'I' t•',7,`�r'!3..,:�,T.�vizF�,.�' ( e 1 fi, Y* �• 1 -' �Y"�",('.j�4,�y"t' i^�'P tV ..�rtS:piS �4F : �'1.y t t I���*j� 1 �dv-.n .7#.t�t'M'?i%,,{{'�'S�y, 4�'�pYfSfl'Y�}•Ef�eyv. fil'���y07��2St��!"�s�� +'�J7 ��jttja'�j�,`i Y��'.. �. �''\:'�'. ��. ��`'a12: ��uV:di•�z��,;{��:r,,t.'e-a�.��'�,.�t$s{1�E�',,,.�a�"'�,•S+'v,tk; ^�,�S,r�? nr ,�.' ,1 ry�t�ty;�.`�� a �6n$C`Q �t:•�..a4 at , 4lul�„+{ F �{ 3rr t �?'+N�'" �, & Y�' r d„ �Y� 4i} � :sr i.k'�4.�.��4 if Y�N1�«Fl �rl,..�`�t7� �,� . yt��ty gt�aw hti+l,jf,.t}�}i t���.� >'�,„.e i •• 1 a .Y .Y w, l `!. � f•� C CiY 7 /- � E a ^., f .N r`�.'} Y+� �6f4'Z' f t y,i¢�>�'t'•'d' ;� � is 'F�.,Jar +i}`"�" . t ;7� r t4� k. �� . ,. `5+! �t' ,.. ��,t; yy{�� '1 t r�, 7 �• r + xa f ,fir i,.+ W'S :C >�', {�' �. �•t.,.._ ida ;•1� r Fri, -Mr i a � ,>rys7 �,s t.�,�.ifs •.P'1Pr.5�tr.},rrf a -1,t='�.?t,r<;t, t. t<t `L tcs W�� E �t.'�frEv�''?,y��d '3rr��` '� �M ;� j,,,,1r. •y. , it .. r -1.F.,. iSt ± 4 ft " ���}� ar v 4.2. DELETED 4.3. DELETED 4.4. DELETED 4.5. DELETED 4.6. After acceptance by OWNER of the ENGINEER's Drawings, Specl- flcations and other Final Design Phase documentation including the most recent opinion of probable Total Project Costs and upon written au- thorization to proceed, ENGINEER shall proceed with performance of the services called for in the Bidding Phase This Phase shall terminate and the services to be rendered thereunder shall be considered complete upon commencement of the Construction Phase. 4.7. The Construction Phase will commence with the execution of the first prime contract to be executed for the work of the Project or any part thereof, and will terminate upon written recommendation by ENGI- NEER of final payment on the last prime contract to be completed. Construction Phase services may be rendered at different times in respect of separate prime contracts if the Project involves more than one prime contract. ,51 4.8. The Operational Phase will commence during the Construction Phase and will terminate on year after the date of Substantial Completion of the last prime contract for construction, materials and equipment on which substantial completion is achieved. 4.9. If OWNER has requested significant modifications or changes In the general scope, extent or character of the Project, the time of perfor- mance of ENGINEER's services shall be adjusted equitably. 4.10. If OWNER fails to give prompt written authorization to proceed W with any phase of services after completion of the immediately preceding phase, or if the Construction Phase has not commenced within 180 calendar days after the date of this Agreement, : ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement. 4.11 . If ENGINEER's services during bidding or construction of the Project are delayed or- suspended in whole or in part by OWNER for more than three months for reasons beyond ENGINEER's control, ENGI- NEER shall on written demand to OWNER (but without termination of this Agreement) be paid as provided in paragraph 5.3.2. If such delay or suspension extends for more than one year for reasons beyond ENGINEER's control, or If ENGINEER for any- reason is required to render Construction Phase services in respect of any prime contract for construction, materials or equipment more than one year after Substan- tial Completion achieved under that contract, the various 'rates of compensation provided for elsewhere In this Agreement shall be subject to equitable adjustment. 4.12. DELETED 10 I W-M- R-1 Ell' "Mv IRV M*- ON ow SECTION 5 PAYMENTS TO ENGINEER 5.1 . Methods of Payment for Services and Expenses of ENGINEER. 5.1 .1. For Basic Services. OWNER shall pay ENGINEER for Basic Services rendered under Section 1 a fixed fee of $13,596.12 plus an amount equal to ENGINEER's Direct Labor Cost times a factor of 2.4520 for all Basic Services , rendered by principals and employees engaged directly on the Project. The estimated maximum not to exceed costs of the Basic Services Including Reimbursable Expenses are as follows: Paragraph 1 .5 Bidding Phase $ 1 ,575.00 Paragraph 1 .6 Construction Phase Re-Establish Horizontal and Vertical Controls 2,600.00 Administering the Construction Contract 14,185.00 Resident Project Representative 85,900.00 Paragraph 1 .7 Operational Phase Record Drawings 5,980.00 Correction Period 2,690.00 Estimated Maximum Not-to-Exceed Cost $112,930.00 5.1 .1 .1 . DELETED 5.1 .1 .2. DELETED 5.1 .1 .3. DELETED 5.1 .1 .4. Professional Associates and Consultants. For services and Reimbursable Expenses of Independent professional associates and consultants employed by ENGINEER to render Basic Services, the amount billed to ENGINEER therefor times a factor of 1 .12. 5.1 .1 .5. DELETED 5.1 .1 .6. Notice of Relationship of Payments to Estimated Total Compensation. If it becomes apparent to ENGINEER at any time before Basic Services to be rendered under this Agreement have been completed that the amount of compensation to be paid to ENGINEER on account of Basic Services pursuant to paragraphs 5.1 .1 ., and 5.1 .1 .4 will exceed the estimated maximum amounts, ENGINEER shall give OWNER - written notice thereof. Promptly thereafter OWNER and ENGINEER shall review the matter of compensation for such Basic Services, and either OWNER shall accede to such compensation exceeding said estimated amounts or. OWNER and ENGINEER shall agree to a reduction In the remaining services to be rendered by ENGINEER under this Agreement so that total compensation . for such Basic Services will not exceed such estimated amounts when such services are completed. Additional Services. OWNER shall pay ENGINEER for Addl- tional Services rendered under Section 2 as follows: "mill 7 MIR '5 _T-r A General. For Additional Services of ENGINEER's principals and employees engaged directly on the Project and rendered pursuant to paragraph 2.1 or 2.2 (except services as a consultant or witness under paragraph 2.1 .13) , on the basis of f ENGINEER's Direct Labor Costs times a factor to 2.7462. 2.2. Professional Associates and Consultants. For services and Reimbursable Expenses of Independent profession al associates and consultants employed by ENGINEER to render Additional Services pursuant to paragraph 2.1 or 2.2, the amount billed to T. ENGINEER therefor times a factor of 1 .12. 5.1 .2.3. Serving as a Witness. For services ren dered by ENGINEER's prin cipals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding in accordance with pa ragraph 2.1 .13, at the rate of $675.00 per day or any portion thereof (but compensation for time spent in preparing to appear In any such litigation, a rbitration or proceeding will be on the basis provided in paragraph 5.1 .2.1 ) . Compensation for ENGINEER's independent professional associates and consultants will be on the basis provided in paragraph 5.1 .2.2. 5.1 .3. Reimbursable Expenses. In addition to payments pr ovided for in paragraphs 5.1 .1 and 5.1 .2, OWNER shall pay ENGINEER the costs of all Reimbursable Expenses in curred in connection with all Basic and Additional Services times a factor of 1 .12. 5.1 .4. The "Direct Labor Costs" and "Reimbursable Expenses" have the meanings assigned to them in paragraph 5.4. tr T"t 5.2. Times of Payments. 5.2.1 . ENGINEER shall submit monthly statements for Basic and Additional Services rendered and for Reimbursable Expenses incurred. The charge on account of the fixed fee will be based upon ENGINEER's estimate of the proportion of the total services actually completed at the time of billing. OWNER shall make prompt monthly payments in re- sponse to ENGINEER's monthly statements. 5.3. Other Provisions Concerning Payments. 5.3.1 . If OWNER fai,ls to make any payment due ENGINEER for services and expenses within forty-five days after • receipt of - ENGINEER's statement therefor, the amounts due ENGIN EER will be increased at the rate of 1% per month from said forty'-fifth day, and in addition, ENGINEER may, after giving seven days' ' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.3.2. In the event of termination by OWNER under paragraph 7.1 upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such 'M 12 .#,.777,74, T'gi�, IM, SRI VNI. t 'r'A, tr�ij'`�`��a' •,a•' 3 a,�' S+��� } {(p',f `t t J 1 ' � ' j' � j� �'7't.����,�f:± 3 c.i t k r1 'ljfS s Y4A< fafti r' r t i, a r y y k'S"w.��'1�:x q t¢ ��,i�,t yf"e .t �r � '!r ?t •r t 7 s E`.�st t.... ,,. •.,.�w�,Y�ac�*� ... .=.5. .•?r.�. a;e termination by OWNER during any phase of the Basic Services, ENG I '0 ed eby of NGI independent to r NEER also will be reimbursed for the enders y sional associates and consultants, employed on phase that Basic Services, and paid for services rendered durin g p the basis of ENGINEER'S Direct Labor. Costs times a .`actor of 2.7462 for services rendered during that pase to date of termination by ENGI NEER's principals and employees engaged directly on the Project. . In the event of any such termination, ENGINEER will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses : , 5.3.3. Records of ENGINEER's Direct Labor Costs pertinent to v :4 ENGINEER'S compensation un der this Agreement will be kept in actor- ,y 4: dance with generally accepted accounting practices Copies will be made available to OWNER at cost on request prior to final payment for " „' t ENGINEER's services. ' { Whenever a factor app Laborf,'. 5.3.4. Whene is lied to Direct Costs in de- that factor will be ad just- termining compensation payable to ENGINEER, ;_ J r: ed periodically and equitably to reflect changes in the various elements y ; <' A< °; that comprise such factor. All such adjustments will be in accordance f�s�7��'f0a,4 ;; '` with generally accepted accounting practices as applied -on a consistent basis by ENGINEER and consistent with ENGINEER's overall compen sation practices and procedures. . f))9 5.4. Definitions. 5.4,1 . Direct Labor Costs used as a basis for• payment mean salaries and wages paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, Jr designers, draftsmen, specification writers, estimators, other technical and business personnel; but does not include indirect payroll related cast or fringe benefits. 1 t .(r ., ��fr.. jY• The hourly Direct Labor Costs of personnel of ENGINEER will be ad- ”' justed equitably to reflect changes in personnel and in ENGINEER'S overall compensation procedures and practices. Ajar �� 5.4.2. Reimbursable Expenses mean the actual 'expenses incurred by ENGINEER or ENGINEER'S independent professional associates or consul- tants, directly or indirectly in connection with the Project, such as f-f expenses for: transportation and subsistence incidental thereto; providing and maintaining field office facilities in furnishings and utilities; subsistence and transportation of Resident Project 'x+ Representatives and their assistants,• toll telephone calls and telegrams; Specifications, and similar ; reproduction of reports, Drawirigs, p Project-related items in addition to those required under Section 1 ; and, if authorized in advance by OWNER, overtime work requiring s•. higher than regular rates. f` "V SECTION 6 - CONSTRUCTION COST AND OPINIONS OF COST fir; 6.1 . Construction Cost. P l - 13 - t. �, a1, r r 2 t s !cy`t i to i a2r t tx 'il Ytr tii r�k Y . f,, f', a.r ,*rr° J } e �,r•w{Y 4j { 4, r ��j a i , �rJM ��f2a �a t p}I��r,1. •F ,t{ �r,.x,�,+ r}}v'� ir rtr:;�la t n,; {� yJ�2 is�r SI Ufa "± +"k *1f! �,`y'•4�+ �.glt' '.k .0 4..':£ 1• P� r 1,. t Y;4 ,.1J n4 t et t J ,esJ,;,f.• ,r.r)4. �� �1t4i� ty{:Y4J� Y S n�ej i ..}� �S C Y. uiA i ar��,�� x'1?1ta , ti }J ir�a },1 yy t,y„1. � .i E t,U t. t r'1jr 54tj,'�'sr 73'4" 14.- f•lf �..•xr �x �r"Svz}'��:}rS�` 31 ' �'•; t , :r:. +'p � i e,�. t .f. Sr 'r :s .:} i t;' ' rr.•� i . 'y 'l,{Y,J'�at;f r , �,� ``r ?'� ,,j i w�t�Lt1t fir. �'�` t iH',Jrty 1,Ur'�? �' !tt�.� y'�1} 7f u. t ,(t t +. t}3 t t� S,,�, l. +'s � , i . i!'i�i.r ''i `' i,y).� �,�1+.• !t t�,.�" ' ! Y4 i'kn ])i�J� '`!.i}''h.;i+'i'1'���V1t a'�z tl7rt i. �7. ,J' i i} 31 ;ID.iI �fj 1r..f.. '�, + 1.:::i d•,'. .t! II 7E It,tA F{'f� � 'r {{f��. 4•x,Rr"'J\ �y:�A'� N L� 7;5.� 9 J t , Z :j If' f .'^.` f�3'. .ti 5 ,�;Mis.�rR a+�r q 3{ t + �, 3 :,�� e• � .,..' ::-} ..i, I j;• a�r;r :!� . 't�e{i�tf;i 'iiy t {1 tt�..i�;t. }F•!'I `�'r.: ti is:l ! ft ..} :r ! �vt t, ..rf'"t,.. ' Jr,7t;�"`'1 it'r.��.;; '4��,� ,c��' .'4. \ •' SY t t r if �` tq f �.� k t , ..:n r 4t i .. Al f•.ly w •MV. .ln•.yjf�.•, ,��'�l�$P1 !J ��. ! 1 l f t � .,iAf..i�i5+ ;�S �� 7;.1•� f # f�t.sff�i� a# , .. ... r$ ++1���td��{('f� w >�,{ i ��i'•' a:}4 C{tt {w r?SY}>1h nYr'1.S { i f.. + �.�,:j 'P1sa 'ft � � ,,�(� � u•°3<t :y}`•a r / z E +, +tt§. 9 t+ r tt t }r'u�!f a r t t.iS.{ �§ �,, SiF. ir,� .ltr.r u� •,,, �'n��:�..'ani�.i�tU"•r; i�d.,�.r.. .. f`i'x 2P.Aa'�nc�vHxa'tFVI.�G'vAy�f. 1eir _ The construction cost of the entire Project (herein referred to as "Construction Cost") means the total cost to OWNER of those portions of the entire Project designed and specified by ENGINEER, but it will not the cost of land s`} include ENGINEER s compensation and expenses, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include OWNER's legal, account- ,Y.. ing, insurance counseling or auditing services, or interest and financ- ing charges incurred in connection with the Project or the cost of other services to be provided by others to OWNER pursuant to paragraphs 3.7 through 3.11 , inclusive. 6.2. Opinions of Cost. 6.2.1 . Since ENGINEER has no control over the cost of labor, mate- }� �4` . rials, equipment or services furnished by others, or over the Contrac- tor(s)' methods of determining prices, or over competitive bidding or market conditions, ENGINEER's opinions of probable Total Project Costs :� •;.: ,n and Construction Cost provided for herein are to be made on the basis of ENGINEER'S experience and qualifications and represent ENGINEER's ;,YY ,R, best judgment as an experienced and qualified professional engineer, familiar with the construction industr • but ENGINEER cannot and does :.. ; not guarantee that proposals, bids or actual Total Project or Con- s struction Costs will not vary from opinions of probable cost prepared by ENGINEER. If prior to the Bidding or Negotiating Phase OWNER ` + 'a wishes greater assurance as to Total Project or Construction Costs, + „rr , OWNER shall employ an independent cost estimator as provided in paragraph 3.9. . r >: 6.2.2. DELETED r :• t' r SECTION 7 - GENERAL CONSIDERATION 7.1 . Termination. The obligation to provide further services under this Agreement may be `t r' terminated by either party upon thirty days' written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. eY}4 7.2. Reuse of Documents. All documents including Drawings and Specifications prepared or fur- nished by ENGINEER (and ENGINEER's independent professional associ- .iY ates and consultants) pursuant to this Agreement are instruments of service in respect of the Project and ENGINEER 'shall retain an owner- j i/ ship and property interest therein whether or not the Project is corn - t; plete. OWNER may make and retain copies for information and refer- ` ence in connection with the use and occupancy of the Project by OWNER Fs}l;;.ey}'Ft and others; however, such documents are not intended or represented ,t.., to be suitable for reuse by OWNER or others on extensions of the s Project or on any other project. Any reuse without written verification 4, or adaptation by ENGINEER for the specific purpose intended will be at Ajy t OWNER'S sole risk and without liability or legal exposure to ENGINEER, r — 14 — �5 � t` e r' dl it L rf1V k IJ• { ! '��ci'rr�i+'.{t'{ 1`t'.� -r����� �S{-,�rt�h. r�� i r r >• -t- T-'• +?..!t t a Liti:.t a'✓}�i 1�k`t,�, s� ~t.3' L '',a R 9� RY t '� d ti t. trr .rcJi, �S r ''< ti ? ,,,•}�"� .J y i e a t' d{fit.• �t{y.!!iyy-t ���://c/S L`��.. z t 'r1''t t i'y 1 4� T t >:i S � 5 r � �. . .t 'lank {ri'2'y;'c�;.t'sS'"t�x 1..,{)`y l,tj_r fi i��Y si+,���4 d�c}S'�J+3yJfr.x he,7a r?ur i?r1.7*rd't��?f,.t�8"L yY:�.{.Fly9 4fS/i 7�J s,t1�"s't�.l}r.�.�I,�ts,rJ J7J,rt,t;}L.T[i r YF.t6t..`.i;t2!.r,y s�/•t�6Str l,s':s'�.tr ii t J il�fL!it1�.t,!�y.t Cl r t�f'�?7`}Y9((r 4,�.�'t r i!l{i(,,t;:t t.f'f+4 d}''{t'r f J.4,,tJ.•r:'Y.!��Vi.i t 1{.�tf..a���,„"r, ft s ',,7•I Ft,rl t f tt L r =5 t,',<L t fit)f�tf l'>�i f.t:}c,i t-r F.{t+..>t..�:j tt�r.ti.,;Fy�4 P I.u(f.}''/:I}1.'f�!�,a.f#t s,t,ia.P��i{r'w lf,�'rt tf,*�555+}t^i e t rt{.r;d.�+S Lry.fi+�`,s:.r i h�i��jI r�y, f i w {, kH # .S # �!r F ?u ,j.S.it f, t "i ).i1i + '4 .�'. r t.•.1 ? .. .,a i,,. `'•ti.;trr..., tx� 't'# a t . . ............ ..... or to ENGINEER's independent professional associates or consultants, and OWNER shall Indemnify and hold harmless ENGINEER and ENGI- NEERS' Independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.3. Insurance. 7.3.1 . ENGINEER shall procure and maintain Insurance for protection i`�': laims for damages I., from claims under workers' compensation acts, c because of bodily injury including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of Injury to or de- struction of property including loss of use resulting therefrom. 7.4. Controlling Law. This Agreement is to be governed by the law of the State of Missouri. 7.5. Successors and Assigns. 7.5.1 . OWNER and ENGINEER each is hereby bound and the part- ners, successors, executors, administrators and legal representatives of , .) � .x OWNER and ENGINEER (and to the extent permitted by p aragraph 7.5.2 the assigns of OWNER and ENGINEER) are hereby . bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.5.2. Neither OWNER- nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, rr moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in , this paragraph shall prevent ENGINEER from employing such independent professional associ- ates and consultants as ENGINEER may deem appropriate to assist In the performance of services hereunder. Tl 7.5.3. Nothing under this Agreement shall be construed to give any rights or benefits In this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken - pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 15 321 "7 �4" "NI I M A t �( Aaytzy" t�s + � �,. Ft I Mpll 4P fTx� "IT 4k [ d q t _ !t i+� � ♦�d�'. w..: .. .Y.�r..��� .� lli�. ���' f� YS . r. :�;.: a .691 . All claims, counterclaims, disputes and other matters I a� estion between the parties hereto arising out of or relating to t s q p 9 g g A eement or the breach thereof will be decided by arbitration inry; .. acco dance with the Construction Industry Arbitration Rules of theatz ?rK rt, �',F.. . Amer an Arbitration Association then obtaining, subject to the mita- } tions d restrictions stated in paragraphs 7.6.3 and 7.6.4 elow. This Ag eement so to arbitrate and any other agreement or c sent to N arbitrate ntered into in accordance herewith as provided in is para- graph 7.6 will be specifically enforceable under the preval ng law of any court h ving jurisdiction. X. sir, 7.6.2. Noti„ of demand for arbitration must be filed 'n writing with " the other parti to this Agreement and with the Ame can Arbitration , h Association. Th . demand must be made within a rea onable time after k the claim, dispute r other matter in question has ar sen. In no eventiIA may the demand for arbitration be made after the to when institution lE�xi k� f gMj of legal or equitable roceedings based on such cl im, dispute or other matter in question wo d be barred by the appl' able statute of limita- tions. �} 7.6.3. All demands fo arbitration and all answering statements4t' thereto which include any netary claim. m st contain a statement that the total sum or value in co troversy as Ileged by the party making } such demand or answering sta ement is t more than $200,000 (exclu- sive of interest and costs) an the ar it for ill not have jurisdic- tion, power or authority to rende a ne award in response there- e74'. ' to against any party which tota o t $200,000 (exclusive of } interest and costs) . The arbitr o 1 ' If t have jurisdiction, power t or authority to consider, or a gs (except in denial of their own jurisdiction) concerning a i counterclaim, dispute or other matter in question where the a nt In controversy of any such claim, counterclaim, dispute or matt r is mor than $200,000 (exclusive of ,r Interest and costs) . 7.6.4. No arbitration ar'sing out of, or r lating to, this Agreement may include, by consoll tion, joinder or in any other manner, any person or entity who is of a party to this Agr ment. ' 7.6.5. By written onsent signed by all the p roes to this Agree- ment and containin a specific reference ' hereto, the limitations and restrictions contain d in paragraphs 7.6.3 and 7:6.4 may be • waived in ,t>'t whole or, in part s to 'any claim, counterclaim-, disput or other matter specifically desc !bed In such consent. No consent t arbitration in respect of a s cificaliy described claim, counterclaim, di ute or other ; ,..': matter in, que tion will constitute consent to arbitrate an other claim, counterclaim . dispute or other matter in question which is not specif- ically descr bed in such consent or in which the sum or val a in con- .:: trove ceeds $200,000 (exclusive of interest and costs) or which is with any party not specifically described therein. 7.6.6 The award rendered by the arbitrators will be final, j ge- men may be entered upon it in any court having 'jurisdiction ther of, ` an will not be subject to modification or appeal except to the exte t ' p mitted by Sections 10 and 11 of the Federal Arbitration Act 9 S.C. §§10, 11 ) . L� 16 r 'i �r 7 nily` y, + 1 tt pt .: ..x Y 1 'rkk Itt.• t,{,� e Yd t+. ihy ..re t { i . Sze Y;t t. r e!'x4j,�tij*•1 7.. 1�'�fi.'4' t•«' ?i�)� C. S T{�`l 1e i J ? .�J 5 r. y4 t t1 (}rj 2 F S+v .r.,� �hi' tfkt� 2�r ` .�.}. a�yf,�'`�5;'t� t, Y.�rA''�!�'}t y 't, y � ie; t atirt� rt.rxLq ;�..((7�1tlfw�#`J �'� .�t� (�.-��t; .�,�1�•. ' •T7°� 't•'S� s.`� ~?i-}.71��'k�l 1';�.y��y}t'�r�✓ �f";; 1. 4.. }A ,j't7��t�1!`A ��3�ry Zik�4Y���x.�tldJl'i Y't�)Sfr)'{11��,y1Fr .l Le"f}..�"\✓r t1. j'�4 }it !�7� 7..Ci. �j'1 ��ly '£ 1i7. '.t�Af t�Ef�tt 3!'yt ^��,'*• Fla' it .i yf;"y(•1 ("'tHiirt 1``' .�lt'y"4� ti�yN r., > rlly/ ,+. j'1 ! ti 3i �ds� tv''S3CC �y. 't yi, i• ��,«�, Fn t iy lYy�y t�a?} tr`5f�� `34 t "'.). � �F A 2 3 Y1_ 1. t 1 ISS ��v tit �t���iia���.+-„r .ry (,� � ,� 777��r +t ht;tj�t �./xt xrr �s�. t• ;rk 11. L � 1 :t :, i i 7tr� �.ly(, q .k�` r '*�'�:;`' �`�_ ' ,p: �`k'�';J tr nu'«`r:1'd 1 t' tr ate t g f• .3; L, r"�+11^ i e. :�r t t :i� !t f,v 'f .i}taw i+r',+ .tY'�t� .,R $ �tv f a3# j��i�s ..y. /, ! �tz't}y "�,� ;.d ;.'#� r: t f, �d'r• , , +{ :r'�,= t 4, r�ftY��'�� k ,tS� > ;�- ,t \n' • ., ��AS 17 , �' iF {i�, fj.,y;�`Snr r r F * �jA�+rry 'Y`y,��r Q�t k1b� �++�L+�?3d"�xti£'•PagtP ir"�rt� Y i„° �k a .gG.t}t� ft t t��^ta.rn,,�x��^xtr��'� rt.7d'*y',><3. tr{,xi +r'"'h� � '� ,y, 1 y � Z' {tY ,�' 7 x �,4' t.!• t ,t..§Yr @f�'��d � � tC{' tr',�� uy C *•,i ,,r . ., c �,. ky�py����p�,tt.,��'� pf!yj�,�,;�s t SECTION 8 SPECIAL PROVISIONS EXHIBITS and SCHEDULES 8.1 DELETED attached to and made a part of this 8.2. The following Exhibits are Agreement: t 8.2,1 . Exhibit A "EPA Form 5700-41" consisting of 2 pages. 8.2,2. Exhibit B "Duties, Responsibilities and Limitations of Authority of Resident Project Representative" consisting of 4 pages. 8.3. This Agreement (consisting of pages 1 to 17, inclusive) together with. the Exhibits and schedules Identified above constitute the entire agreement between OWNER and ENTINis ER and uperse said prior written or oral understandings. supplemented, Exhibits and schedules may only be amended, modified or cancelled by a duly executed written instrument. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. ;,. OWNER: ENGINEER: CITY OF JEFFERSON, MISSOURI RUSSELL 8 AXON, INC. o ar n na o er a n. Mayor Vice President 4...: Address for giving notices: Address for giving notices: r� 320 East McCarty 319 North Fourth St. , Suite 700 Jefferson City, M0 65101 St. Louis, MO 63102 17 - ' i t L' } k . C, t } ` tr4, ,.. Misr:.'; t{q t.Z�a {.'•^Gt t.f. :}��'` � �� .� � s'� rY�'."r r.y�iv4r� �"a�rn�'TPy+�n � r�t+2 k ? k?a . .z,,r ��� i�� 1 r. i .rR� t '#•'r t+ 1 � .i.14.��: i. { Ytt'+k .e s i, �' o�p Y Ltt`wi L 1 ;se £ r {LvU '$4�n .tf • fv �`.^QI'.'�tl:"R`.:fh"9i�kJMPast'Rt?,'yvG:�iSI':iFY.ids':NYh'l2EJ?r'?;9t':.S�rt�P.':i;'. ..,y7;.; 'N}r .}.,.r{ .t .. ..i... ..., , .,:'�1 �. t,.l. ir. nr{. ,..... ` ",..i•z...t.i•)r°'ks�c'. �t`+''ia .X � Jet Y)Y t �tip•, '.i J.F,.J,.•:i... COST OR PRICE SUMMARY F©CdMR►T FOR SUE3AGREENlENTS UNDER U.S. EPA GRANTS OMB Approved 51 8 RO1A�1 (See accompanying instructions before completing this form) J PART I-GEMERAL. Z. GRANT NUMBILM I.GRANTKM C 291254-01 City of Jefferson, Missouri ' �. NAME OF CONTRACTOR OR SUSICONTRACTOR b. DATE OF PROPOSAL , July 31, 1989 Russell & Axon,. Inc. 4 k: S ADDRESS OA CONTRACTOR OR SUBCONTRACTOR(lnoluds ZIP code) 6. TYPE OR SERVICE TO BE FURNISHED M1,f1f,y;Vy „a,. Bidding and Construction Phase ; 319 North Fourth Street 'rt Suite 700 Services, Gray's Creek Wastewater 63102 Collection Faci 1 i ti es� Contracts St. Louis, MO and VI PART ti-COST SUMMARY ESTI- HOURLY ESTIMATED I 7. DIRECT LABOR(Spocllr labor 0et000rlea) MATED TOTALS '':;,':,;.' '• HOURS RATE COST �„ r ro ect Mana er n i Weer 9 1 0 •OU Resident _ ? x:• J Technician 200 }0 1 80• `' . IF: g 00 i' Drafter :-” urve or C erica 0.00 ' DIRECT LABOR TOTAL: hf+ gATEr " BASE' ESTIMATED ASH 8. INDIRECT COSTS (Spec1ly Indirect coat Poole) COST +' +' General & Administrative Overhead 4520 s 33 940.00 r INDIRECT COSTS TOTAL: _ �Jf.r• "�� w�% '• °�'' 9. OTHER DIRECT COSTS ESTIMATED 'M + tr., a. TRAVEL COST sT.uc. ;:.:,, t.^ v:.Y ;r•' Aix...'. (1,) TR ANi POR TA TION ^ K ^i''teA+• z+'1{.•'%'F"`�x.x:'' S 10,800. ootir.;t..., z) 8 weeks @ $225.00 P Q R DIEM. o TRAVEL SUBTOTAL: :x,. a, .J•; +' S 1 .00i%^;'si:%.`i OTY ,COST ESTIMATED b. EOUIPMUNT, MATERIALS. SUPPLIES(Speclly e ate 0 Dole•) COST L.S. s 375.00 s 375.00 C ' Reproduction 1} ":Y"'�w�j ,�)x•s(�,. t zsi�}��`b�11 .:lw:!EOUIPMENTSUBTOTAL: •00 ESTIMATED si .esilt�K«'"r: :;• ks�; a C. SUBCONTRACTS COST �,. .,jl; a ir�M:tv'ac'1t,':.x:,rl`•�� p1-` °•.• SUBCONTRACTS SUBTOTAL: #'' ..7. "�° r �Y., ,:�1:. S 0.00 .,T";�,>�:�f•x.,�%...,.;�,:,; l< ESTIMATED P° J :r d. OTHER(30001r C-690 08) COST y Telephone 321 0 Ponta Shia; OTHER SUI 426.00 _._�...,..,•'. +. e.'OTHER DIRECT C OSTS TOTALt . 16,113.00 i`•,., t-r s 99,333.88 'a. 10.TOTAL ESTIMATED COST .':!}t•�; 11. PpORIT 7xe Fee 133596.1 2 {' j 1L TOTAL PRICE e112,930.00' EPA Form 570041 (2.761 � PAGE i O 4 •'fur ; °3 + 7 :.5�»d, r .• {�iI}1anT�r+" ., + ,, t.. (��,.1 .°ttpt.�#ila i� n, .t ..��,A rt�v�vS, ."+ se f .! ,i. 1.., �t ,, .s S tJ'•'�';� `Kit•e��f sh,y, T dj!WV j �';1'{i.�t:u.�«s'•y , .\ :1:r 1 r , i �.! !�} t '`ti9 K �� :;•Zil'yT' 'r:s,., �. ,r1 tt�':Y✓`�S i'� t (t r i 't t // r 1s 'vn ,� ,'. ,. .: 1t. P r? »sq 3-0sb�i.:t`?3 t1 b t t �,�7 i• i , ! ..})i il,: .r( '..�t. ..;sitr.) ?tit 'it{f�iv �,r .4 t .. ?t' ! •'i.r f s s t �ty#`r4'�t r;�{�1f t��� ,�"`�.�.C' �����:. , h f .t ,; t t i :y t .`t� 1 f •� tir`i � �i�lgr iv�,��`�!?"£7't��{'t�"{j i . � .'• °„ r,�et r r�!�r }t isC t t�'G�t��.•"�g;x�+�>�.�),i{� tr ks t "' �. _s.�of �• A A n' +�G ,,ccp `• t _ t r j...p1{,y}� ' ,, ,1,...:. .Gte}r usyW ,,. x.♦�u-,.A,/�y]W yl+�§�+f9fi3.��..y.�!"tA`}r�"'t RS; f':r't?,rf nL 4. "r$S)'w. r " :IX"r?A'.R,�A'`W.i/FG.Y+:6'ltti��Ni'�Y:+}%'�PiRt4k�3h'ii���.�`i],Y,S d'7,Jiyl3..•7..rs..}?,_ _,,.:...... 5,,.i.4 ' .., .,. ,. i ... ..,. .` �.5... ,.A. ... :{?-d' , ., .... u. AM1.y.•� � �`� .f YJ Fem ,y OMB No. ldS•RA1l.N PART Iii •PRICE SUMMARY COMP[TITOROS CATALOG LISTINGS, IN•HOUSM ESTIMATES, PRIOR QUOTES MARKET PROPOSED 17. (Indoaro beole l�preo ooaParleor) PRICKIS) PRICE • �;J'b'h!tii �,�y PH owl PART IV-CERTIFICATIONS xi:#<, ••; 14. CONTRACTOR Russel I & /axon Inc. 140. HAS A FEDERAL AGENCY OR A FEDERALLY CERTIRIE0 STATE OR LOCAL AGENCY PERFORMED ANY REVIEW OP YOUR ACCOUNT-6 OR RECORDS IN CONNECTION WITH ANY OTHCR FEDERAL GRANT OR CONTRACT WITHIN THE PAST TWELVE MONTHS? 9' (� V[S Q No(ll"Yoe" dive noon eotdreeR and tolsphone rAwsbor of revlowlnd o/doe) 14b.THIS SUMMARY CONFORMS WITH THE FOLLOWING COST PRINCIPLES `s 41 DFR 1-13.2 and 15.4 '' x 14c. .. nfil�n This proposal in submitted for use in connection with and in response to (1) Pry OPSI Request D i ge,u Ju 3 198A . This is to certify to the best'of my knowledge and belief that the cost and pricing data summarized herein are completer cu.-rent, and accurate as of July 31, 1989 and that a financial management capability exists to fully and accu- rately account forthe financial transactions under this project. I further certify that I understand that the subagreement price may he subject to downward renegotiation and/or recoupment where the above cost and ; Yf Yri pricing data have.baen determined, aR a result of audit, not to have been complete, current and accurate as `yet+ { � of the date above. '�''r' OAT[ OF EXECUTION S16NATUR[ OF PROPOSER � r .. Donald F. Koberlein pry° Vice Pr sid nt �Z4 TITLE OF PROPOSER 14.GRANTEE REVIEWER h; I certify that I have reviewed the cost/price summary set forth herein and the proposed costs/price appear , acceptable for snbagreement award. DATE OF [XILCUTION SIONA-TUR[ OF R[VIEW[R :s Louise Gardner r , rtel t'layor 1 TITLE OF REVIEWER ✓; 146 EPA REVIEWER (tt ePPllcebls) � 'r y DATE OR Q%E CUTION SItiNATURi OF R[VI[W[R TITLE OF REVIEWER •.:�,',, Y., s EPA Forgo 570041 (4.76) PAGE 2 OF r < i4g q�Wt.e d .;ti:•,fr•f 't.:,t�r.n';aj f''er`.�,,,.•r i -'r } i .L {.. ,.s°.r t.s:n.tr.yc.;, § �:�3£}�R'�{ �� �`i.,l.t,! .i•7ri.."1 u'�i ff- ri.-t'f.,s,}t 4 tr` 9�k�7 •I r , s u>i,�<�.A��� t�fi'Y.fit r�•,s .� s,•,14 Win, , w;kr•'}, Nr;erl.t;: j.t. �. .°�-�..{. k �:: r t. i a • .� 1(.t 7k F,t:iT�p`{? t'+ ' 4 F(+rt ) i jat kt r e . aj*i rt; {q],�{� �f�J , LYiJrfir`vet g;^,1 p�. , n i�'rF•t t 1'1-` ua t t, tit x r F y`T �','f�,�r ,�}is r.•'rr. Iit !t " r. r' r5't 1S' r.k!{tit r� r i' L r,d y.. s.b ,A � ''2^ ''t.;`t%'{i>•'�'�r_, rY,t,4.tv5{l• s "*a�'Sa,rxi'xAFt.�'. {trrS,iaef`h. itn '• ".� lti}:X{vd�y3 t,�4tt� 6^;,,3� •,{, ,_, � akt�145'"stS�?4� } y�. ?i.1 `r >� !•' i 4 r33r� t Vy{ t 1 � + �ik"I ��.'�,tit}�• r 3lf. j te`7 t13 t 1 t. .fit rYS.. .. .. .. .. .71. rs H a.Y("}}ft�+e•: 7, � �� rs�°Y� `}{`�}�t4tti�.�•+nr � ��;.5.,�`3�3 t p.,`�{r f ? ` ' ft `S . �':f it�.�S,A�,^y j�i` � ��'ttS.y1.er � t' .� ,, .�.,..•ev! .�,,. ..+ .a t8+•"...�4k�fl�.u�:... ;��. .... 1 .,. a.. u cr., I resident nt STDCO2 F: A LISTING OF THE DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF THE RESIDENT PROJECT REPRESENTATIVE ENGINEER shall furnish a Resident Project Representative (RPR) , , ;. assistants and other field staff to assist ENGINEER In observing perfor- mance of the Work of the Contractor. Through more extensive on-site observations of the Work in pro- . F gress and field checks of materials and equipment by the RPR and .,..; assistants, ENGINEER shall endeavor to provide further protection for ' OWNER against defect's and deficiencies in the Work; but, the furnish- ing of such services will not make ENGINEER responsible for or give ENGINEER control over construction means, methods, techniques, }k* ? 4 sequences or procedures or for safety precautions or programs, orf ',� wl,.� rtl responsibility for CONTRACTOR's failure to perform the Work in actor- �sfi P Y Pt' dance with the Contract Documents. Fr {z The duties and responsibilities of the RPR are limited to those off ENGINEER in ENGINEER's agreement with the OWNER and In the con- struction Contract Documents, and are further limited and described as ,,., follows: A. General F , r , fit' , `•=?`` ; RPR is ENGINEER's agent at the site, will act as directed by and { - under the supervision of ENGINEER, and will confer with ENGINEER `' ` regarding RPR's actions. RPR's dealings in matters pertaining to the ' on-site work shall in general be with ENGINEER and CONTRACTOR t. kkeeping OWNER advised as necessary. RPR's dealings with subcontrac- tors shall only be through or with the full knowledge and approval of � CONTRACTOR. RPR shall generally communicate with OWNER with the knowledge of and under the direction of ENGINEER. ' . B. Duties and Responsibilities of RPR f Schedules: Review the progress schedule, schedule of Shop .'' Drawings submittals and schedule of values prepared b P Y CONTRACTOR and consult with ENGINEER concerning ac- , ceptability. rt;ah 2. Conferences and Meetings: Attend meetings with' CONTRAC- TOR, such as pre-construction conferences, progress meet- 3 in s job conferences and other project-related meetings, and ; prepare and circulate copies of minutes. thereof. ?1 3. Liaison: a. Serve as ENGINEER's liaison with CONTRACTOR, work- ing principally through CONTRACTOR's superintendent and assist in understanding the intent of the Contract .,3 Documents; and assist ENGINEER in serving as OWNER's � f; liaison with CONTRACTOR when CONTRACTOR's op- erations affect OWNER's on-site operations. r ,�f.5'.,ry"•FJv_''n tti{y',(�tiYh{���t nrt�r..i'j�� i'.t f1"�`7^..:..�.::�r t� `�"n�"T y"'„'_'*+'+..�"""�'7"_^"�ct L }�����"�,��uc � '.� ' n t b fi s'M11 9 S 1 IS YG 1 }S ! 7 115 }11 FI 4� } F 5 t�t; yp �'. hj `�• # rt5 2 5r'�.J P t VV hit;'. ?�,,? .,ysr. K V", ` .. Y'ii{' i]�,�� t.,.t�t'i t�f'."+{ `.1�'� t�•w�t'irf' � ',� }'.4 r� szt�•4, � � nL 4��`5."*+c7 S �! ; t ':{<e'tiS � `l'. a'.• t- 't a-0 t ! "y2<ar t i r �t�t ,a z+,> r , s�� �.,cv f r s.,tt ��" � +. �'..:' h YkS�#�`t �rv£,pt�; ."r'S �"r :i gt 1 r( .+S 1�.a e £5 S 4 r •} !.t £��t :•�k'l,l.i s ,+< r 1 t 7 y<t{*;rJ'g.,nr�FF! L i, 't��"',�;,�i♦C£ � �k£�fy fS4.+t,FG{:ityyF"Ffi6}'�v'�t'` #' 1 �P :t �} >+ ./, ,i, r Ssl. lti.. ,I, r ���s?,{4}}.{ t i;f.+� y} }: Ai�``} j37!��• 1iCrr S t�•,%.ix�y 4 tC \ ti'✓i : 4 qi 17 !Y' i, ( f, 1' 4 .S r 'Yi 5 K t eP ` 4 .4 1f ,� 1���,,7�{r��ld ir'�y� tY��"� 7i�";.s sn rt E # 4 Sr�t, trab li.,�if.,i,f.5➢... P ',,+, 5.• {arc.:.-rz �' ' r? *Ja. d�'1S`•` y� 1 i+Ly >r,. rt .,lyP �r'�,N;•v�G'i '��t;i Pi�x?r"`� ,� 'f"t s� t. . J{t;.t.R� i y � a. y , , i F l�,r t ,'�Yw� lY�:� ; j rSS�ybfSjj�+�`•` R bg �' s. F e { r�;t t!2 ctfr S h� r( } r f 9I t d" r ' lld1r4 + tk. ,15�'..„QtS s� Y 77-° -- f _'r. _ ^t{r�,F'�+fi•t:yt' t '. Zry. .y .0. l 3 s +P�t��.3 it„Y• d }��j,t k fl f + �' {?2�� 1 v .1 .ti;fit#�r 3r���� p, {; 'resident STDCO2 b. Assist in obtaining from OWNER additional details or ,Y• information, when required for proper execution of the - Work. ' 4. Shop Drawings and Samples: a. Record date of receipt of Shop Drawings and samples. b. Receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of availability of z ` samples for examination. 5`ry {t C. Advise ENGINEER and CONTRACTOR of the commence- ” ment of any Work requiring a Shop Drawing or sample if the submittal has not been approved by ENGINEER. ,,, 5. Review of Work, Rejection of Defective Work, Inspections and rHia�t;.kt=.j Tests: a. Conduct on-site observations of the Work in progress to ` . assist ENGINEER in determining if the Work is in general ;ex ;•, r= proceeding in accordance with the Contract Documents. x b. Report to ENGINEER whenever RPR believes that an � a fault or defective or does not ° ' ,4 Work is unsatisfactory, y conform to the Contract Documents or has been damaged, or does not meet the . requirements of any inspection, test or approval required to be made; and advise ENGINEER of Work that RPR believes should be s corrected or rejected or should be uncovered for obser- vation, require .; vation or s ecial Mp inspection or c. Verify that tests, equipment and systems startups and 't: operating and maintenance training are conducted in the E =J presence of appropriate personnel, and that CONTRAC- TOR maintains adequate records thereof; and observe, '' record and report to ENGINEER appropriate details relative to the test procedures and startups. d. Accompany visiting inspectors representing public or other agencies having jurisdiction over the Project. ' Record the results of these inspections and report to �r. ENGINEER. 6. Interpretation of Contract Documents: Report to ENGINEER rr'F�j when clarifications and interpretations of- the Contract Docu- ments are needed and transmit to CONTRACTOR clarifications }` and interpretations as issued by ENGINEER. 7. Modifications: Consider and evaluate CONTRACTOR's sug- gestions for modifications , in Drawings or Specifications and report with RPR's recommendations to ENGINEER. Transmit ^` to CONTRACTOR decisions as issued by ENGINEER. 8. Records: a. Maintain at the job site orderly files for correspondence, ' reports of job conferences, Shop Drawings and samples, t , reproductions of original Contract Documents including r all Work Directive Changes, Addenda, Change Orders, kl Field Orders, additional Drawings issued subsequent to � the execution of the Contract, ENGI NEER's clarifications — 2 — ,Y Yyt�'•s '� .lit u. t.:iy +.,,,,,,r, c, {t 'ca t . a 'F a s r�Sp� .>J�>•�p"'li'�v_�t, ��� f�{� in"k.'i�llLS�h���'li,t�ttY�sm. + L u > �•:. ts�7i.._s�'`?� :�, �t��? itn t c y ��L>5 V� .+r r. e r yt t 4 r�t3 � :t.ti+t¢f a�- 'r tifa!� G.Si� ���•b�i�`,���4.�i �� 4 y�. _ MR�.?#t ��', ,4 nT{ '?,i ry r5 Rt rs ,.i a ryt�. i ri ]i •j+`1'{.�f r t 'R r rx f e' ,/. , 1 r: �'Sn'.r{+. t SS'9 + t { K:.1p�r yv�,'t�l>t?, l{<�:..C ar'xJ�s. ro ti,� t i 7 t ; ti 1 � .t�f { 1•l.t s 'ri'?j;3:d's���j7 k';�' �.(�tt`h�F��j�d` ifS! ti',u rry; '1115"���aEEE �j.�,l��tT,'�i,�v'�. t �� ��}�""',�t;'o- �,�#'�X,���? ��•�t'is th ftl �t 1:. 'i � d"+,{'�r:l r si T .:t, t ` 1 f yt t,sytr if:: ;t t'�•cF f�t`?�y{iJ��P it t ft , 4 I�rf Y':,� 4' .?i« { �� } C 7," F'• �4rs. r}eNir x"�y� = e�n1t}� 4 �� t ) It L`�1�.. t - Js llri++<. a'�.59,1;i.F�1.,� Y r"� � r`. i ,5:that a P �. , t }•.. �,r+r 5 p 'a���1� I / �.4.d "nhr'r}�: i"';ls.N,„r '� {t.t,y �,t'r., ,, .1 .r •v 'b'•' ; ,�1}7 lit,lw�`,t' 1,M e ..' L u. :)F +a resident x STDCO2 s. progress and interpretations of the dated d Documents, $ reports, and other Project {-• p book, recording CONTRACTOR b, Keep a diary or log Weather conditions, data relative hours on the job site, es, Change Orders :' to questions of Work Directive, Chang daily , 3 job site visitors's > F '., or changed conditions, list of j enerai, and pecif- 'r sr activities, decisions, observations in g is observations in more detail as in the case of observing test procedures; and send copies to ENGINEER. addresses and telephone numbers of al C. Record names, subcontractors and major suppliers of ,'`. CONTRACTORS, ' € materials and equipment. 3!'xr �!tk g. Reports: periodic reports as required of a, Furnish ENGINEER p ' Draw- : progress of the Work and of t✓ONTRAC'�OR's compliance , a progress schedule and schedule of Shop with th p 9 ing and sample submittals. F (� y� Flk�•, V. b. Consult with ENGINEER in advance of scheduled major ases of the tests, inspections or start of important p ,.a: . ;; Work. , I`<y osed Change Orders and Work Directive fi. c. Draft prop . ; Changes, obtaining bENGINEERmaterial Change O�ders,ACWo k and recommend to Y' Directive Changes, and Field Orders. a d. Report immediately to ENGINEER and OWNER upon the occurrence of any accident. " s payment with Review applications for p Y p, Payment Requests CONTRACTOR for compliance with the established proce ure :.:. payment z. C for their submission and forward with recommendations o ENGINEER, noting particularly the retafiioWork completed and r requested to the schedule of values, delivered at the site but not incor- t ;t materials and equipment porated in the Work. �'1 { � Maintenance and Operation Manuals: During the �� . Certificates, verify that certificates, maintenance and course of the Work, Y operation manuals and other data required to be assembled .,r + (icable to the items and furnished by CONTRACTOR are app actually installed and in accordance with the Contract ocu- :t` ments, and have this material delivered to ENG for review and forwarding to OWNER prior to final payment I ;s the Work. 12. Completion: of a. Before ENGINEER issues a Certificate of Substantial Completion, submit completion or correction.n, list of observed a items requiring comp of ENGINEER, ;4 b. Conduct final CONTRACTOR and prepare a final list of OWNER and ' items to be completed or corrected. N -- 3 ' ,.N� Ti. <tr8 '"'��x"+Ytri� T�{#Y�1.x,}r t'+�.€ 1` •'#GY q yt��"',�7y4'�. , tyn S +t ,��G' � s' i 4.p 1 Y+ �.{*i itj�,f a •{'!fp 4 '�*y'ta�i':�t!f f+ �� l'G Vigo"Y •x;F�.� Y S �,tt arc• c�i i'y g " So } t r t)1 \, )• , t fttj.'V 9 ft ,ltt a1 54�.�I. � ' ',��' "vrt.,✓"'k^�a �,>� 4,rr ,f, ,`.'lfj' 6` 5; A! ,1• { .4 ,l c'" Yl�. -tll I ?t ;,.} per., .r{ ;v aY a `fi`: 'tZ,t"i`I.�i'. K (r z'il:i iY.!X (. N / C� '} 1� N 1' l tl f t rt �, 5 l lyt hrF'j ,� ..1Y.• J. 4. 4 ..Af {�,.+.: � '� f'.;s`�'n���.,:.r1�,! ... ..'.r. .. i� i'�"5� r r 1 rr •. 't„1. 4,�k i� sa'ar�+v a g�%,xkNN$, ir resident STDCO2 s on final list have been completed 44 c Observe that all Item or corrected and make recommendations to ENGINEER concerning acceptance. y. C. Limitations of Authority Resident Project Representative: not authorize any deviation from the Contract Documents Shall authorized of materials or equipment, unless au or substitution by ENGINEER. t 2. Shall not exceed limitations of ENGINEER's authority as se JRi forth In the Contract Documents. 3. Shall not undertake any of the re sponsibilities of CONTRAC- TOR, subcontractors or CONTRACTOR's superintendent. directions relative to or assume se on, issue direc Shall not advise aspect of the means, methods, techniques, control over any asp sequences or p such advice procedures of construction unless or directions are specifically lly required by the Contract Docu- ments. issue directions regarding or assume 5• Shall not advise on, connection and programs in cont rol over safety precautions 1M with the Work. 6. Shall not accept Shop Drawings or sample submittals from anyo ne other than Contractor. 7. Shall not auth orize OWNER to occupy the Project In whole or in part. B. Shall not participate in specialized field or laboratory tests or •W inspections conducted by others except as specifically au thorized by ENGINEER. 4 U In;,�am" loop 11 1111